APPLICANT Kramer Levin Naftalis & Frankel LLP, for East 103Rd Street Realty LLC C/O Glenwood

35-09-BZ APPLICANT – Kramer Levin Naftalis & Frankel LLP, for East 103rd Street Realty LLC c/o Glenwood Management Corporation, owner. SUBJECT – Application December 9, 2009 – Extension of Time to obtain a Certificate of Occupancy for a (UG16) contractors' establishment on the ground floor of a two-story building which expired on December 9, 2009. R7A zoning district. PREMISES AFFECTED – 345-347 East 103rd Street, north side of East 103rd Street, between First and York Avenues, Block 1675, Lots 21 and 22, Borough of Manhattan. COMMUNITY BOARD #11M APPEARANCES – For Applicant: James Power. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ...... 5 Negative:...... 0 THE RESOLUTION – WHEREAS, this is an application for a reopening and an extension of time to obtain a certificate of occupancy for a contractor’s establishment (UG 16), which expired on December 9, 2009; and WHEREAS, a public hearing was held on this application on February 2, 2010, after due notice by publication in the City Record, and then to decision on February 23, 2010; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan and Commissioner Hinkson; and WHEREAS, the premises is located on the north side of East 103rd Street, between First Avenue and York Avenue, within an R7A zoning district; and WHEREAS, the Board has exercised jurisdiction over the subject site since December 20, 1938 when, under BSA Cal. No. 958-38-BZ, the Board granted a variance to permit the conversion of part of the first floor of the building, then located in a business use district, to a garage for more than five cars; and WHEREAS, on June 20, 1950, under BSA Cal. No. 958-38-BZ Vol. II, the Board permitted a change in occupancy from a garage for more than five motor vehicles to a motor vehicle repair shop, for a term of five years; and WHEREAS, subsequently, the grant was amended to include the entire first floor, and the term of the grant was extended; and WHEREAS, on May 24, 1966, under BSA Cal. No. 958-38-BZ Vol. III, the Board amended the resolution to permit the use of the premises as a contractor’s establishment (UG 16) and extended the term; and WHEREAS, on March 1, 1977, the grant was amended and the term extended for five years, to expire on March 1, 1982; and WHEREAS, most recently, on June 9, 2009, under the subject calendar number, the Board reinstated the expired variance for a contractor’s establishment (UG 16) pursuant to ZR § 11-411, and legalized the extension of the contractor’s establishment to the second floor of the building pursuant to ZR § 11-412; a condition of the grant was that a certificate of occupancy be obtained by December 9, 2009; and WHEREAS, the applicant now seeks an 18-month extension of time to obtain a certificate of occupancy; and WHEREAS, the applicant states that it was unable to obtain a certificate of occupancy by the stipulated date due to construction delays; and WHEREAS, based upon its review of the record, the Board finds the requested extension of time to obtain a certificate of occupancy appropriate with certain conditions as set forth below. Therefore it is Resolved that the Board of Standards and Appeals reopens and amends the resolution, dated June 9, 2009, so that as amended this portion of the resolution shall read: “to grant an 18-month extension of time to obtain a certificate of occupancy, to expire on August 23, 2011; on condition that the use and operation of the site shall comply with BSA-approved plans associated with the prior grant; and on further condition: THAT a certificate of occupancy shall be obtained by August 23, 2011; THAT all conditions from prior resolutions not specifically waived by the Board remain in effect; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; and THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted.” (DOB Application No. 110008688) Adopted by the Board of Standards and Appeals, February 23, 2010.